[2025:RJ-JP:39646] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11730/2025 DAV College Managing Committee, through its Secretary, Chitragupta Marg, New Delhi presently through Teacher Incharge. ----Petitioner Versus 1. Shri Dayanand S/o Shri Naraina, aged about 54 Years, R/o H.No, 685/41 Ambika Colony, Bihar Ganj, Ajmer. 2. Ahrana Vitran Adhikari, DAV Prathmik Vidhyalaya Ajmer and Jila Shikha Adhikari, Primary Shiksha, Ajmer. 3. Nideshak, Prarambhik Shiksha, Raj. Bikaner. 4. Commissioner Khetriya Bhavishya Nidhi, Nidhi Bhawan, Vidhyut Marg, Jyoti Nagar, Jaipur. ----Respondents Connected With S.B. Civil Writ Petition No. 11471/2025 DAV College Managing Committee, through its Secretary, Chitragupta Marg, New Delhi presently through Teacher Incharge. ----Petitioner Versus 1. Shri Ravendra Sharma S/o Shri Sunahari Lal Sharma, aged about 53 Years, R/o H.No. 264/08, Janta Colony Sant Kawarram, Uchch Madhyamik Vidhyalaya Ke Piche, Paharganj, Ajmer. 2. Ahrana Vitran Adhikari, DAV Prathmik Vidhyalaya Ajmer and Jila Shikha Adhikari, Primary Shiksha, Ajmer. 3. Nideshak, Prarambhik Shiksha, Raj. Bikaner. 4. Commissioner Khetriya Bhavishya Nidhi, Nidhi Bhawan, Vidhyut Marg, Jyoti Nagar, Jaipur. ----Respondents For Petitioner(s) : Ms. Naina Saraf HON'BLE MR. JUSTICE MANEESH SHARMA Order 25/09/2025 1. The matter has come up on an application (I.A.No.1/2025) for taking additional documents on record, more particularly the order dated 22.08.2025 passed by the Executing Court. [2025:RJ-JP:39646] (2 of 3) [CW-11730/2025] 2. For the reasons mentioned in the application, the same is allowed, and the annexed documents are taken on record. 3. Counsel for the petitioner submits that an ex-parte order dated 31.07.2023 was passed against the petitioner. She further submits that the notice of the original application No.59/2015 was not properly served upon the petitioner; as such, the petitioner is deprived of the valuable right to be heard. She further submits that it was only when the notices of the execution proceedings were served upon the present petitioner, then they came to know about the passing of the order dated 31.07.2023. She further submits that there is no such school in the name of DAV Upper Primary School, Kaiser Ganj, Ajmer, which is being taken care by the petitioner Managing Committee. 4. Counsel for the petitioner further submits that in a writ petition of an identical nature in SBCWP No. 18451/2018 titled 'DAV College Managing Committee Vs. Laxman Dutt & Anr.', in almost similar situations a Co-ordinate Bench of this Court has granted liberty to move an application under Order 9 Rule 13 for setting aside ex-parte proceedings and stayed the execution proceedings. 5. Heard. 6. Considering the fact that in similar circumstances as of the present case, a Co-ordinate Bench of this Court has relegated the petitioner to the Non-Government Educational Tribunal for moving an application under Order 9 Rule 13 of the Civil Procedure Code, 1908 ('CPC') for setting aside ex-parte proceedings and stayed the execution proceedings. This Court notices that the provisions of the CPC are applicable to a certain extent in terms of Section 25 [2025:RJ-JP:39646] (3 of 3) [CW-11730/2025] of the Rajasthan Non-Government Educational Institutions Act, 1989. 7. In view of this, the application for setting aside ex-parte proceedings under Order 9 Rule 13 of the CPC can be moved by the petitioner and it would be the Tribunal itself that can take an appropriate decision as to whether ex-parte proceedings were undertaken on account of non-service of summons or otherwise. 8. In view of the above facts and circumstances, while relegating the petitioner to move an appropriate application before the learned Non-Government Educational Tribunal as above, the execution proceedings in terms of the order dated 31.07.2023, so far as is undertaken against the petitioner, shall remain stayed till the application under Order 9 Rule 13 of the CPC is decided. Provided that the application for setting aside ex-parte order proceedings is moved on or before 28.10.2025. 9. The learned Tribunal is further directed to decide the application for setting aside ex-parte proceedings in an expeditious manner not later than two months from 28.10.2025 and it is for the petitioner to take all necessary steps for getting the notices of proceedings under Order 9 Rule 13 of the CPC served upon the opposite parties. 10. Accordingly, writ petitions are disposed of in terms of the aforesaid observations. 11. All other pending application(s), if any, stand disposed of. (MANEESH SHARMA),J SOURAV /334-335